The Legal Definition

01

Defining Crimes Against Humanity

The concept of "crimes against humanity" is a cornerstone of international law, developed to address the most egregious violations of human dignity. While the formal legal definition has evolved over time, particularly with the establishment of the Nuremberg Tribunal after World War II and the subsequent Rome Statute of the International Criminal Court, the core principles remain consistent.

 

At its essence, a crime against humanity refers to widespread or systematic attacks directed against a civilian population. These acts, when committed as part of a widespread or systematic attack, can include:

  • Murder: The intentional killing of individuals.
     
  • Extermination: The intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population.   
     
  • Enslavement: Exercising any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children.
     
  • Deportation or forcible transfer of population: Forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law.   
     
  • Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.
     
  • Torture: The intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused.
     
  • Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity.   
     
  • Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognised as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court.
     
  • Enforced disappearance of persons: The arrest, detention or abduction of persons by, or with the authorisation, support or acquiescence of, a State or a political organisation, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.   
     
  • The crime of apartheid: Inhumane acts of a character similar to other crimes against humanity, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.   
     
  • Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

02

The Transatlantic Slave Trade: Criminality & Exploitation

When we examine the transatlantic slave trade and its subsequent forms of exploitation through this legal and ethical framework, the fit is undeniable and deeply disturbing.

  • Scale: The sheer number of Africans forcibly transported, estimated at over 12.5 million, and the millions more who perished during capture and the Middle Passage, speaks to a crime of immense scale.
     
  • Systematic Nature: The transatlantic slave trade was not a series of isolated incidents but a highly organised and institutionalised system, driven by European economic interests and legal frameworks that codified the ownership and exploitation of human beings based on their race. It involved complex networks of traders, financiers, ship owners, and colonial authorities.
     
  • Dehumanising Impact: The very foundation of slavery was the denial of the enslaved Africans' humanity. They were treated as chattel, as property to be bought, sold, and exploited for labour. This dehumanisation was reinforced by racist ideologies that portrayed Africans as inferior and subhuman, stripping them of their identities, cultures, and fundamental rights. The brutality of the Middle Passage, the violent control on plantations, the forced separation of families, and the denial of education and personal autonomy all contributed to this profound dehumanisation.

03

Therefore, based on the scale, systematic nature, and profoundly dehumanising impact, the transatlantic slave trade and its enduring legacies can rightly be considered crimes against humanity under both evolving legal definitions and fundamental ethical principles – principles tragically echoed in later institutionalised systems of racial oppression, such as: 

  • South African Apartheid, which itself attempted to justify the subjugation and dehumanisation of indigenous populations through similarly abhorrent ideologies. 

This brutal history finds parallels in numerous other instances of cultural destruction and systemic oppression across the globe, from: 

  • The treatment of Indigenous Aboriginal peoples in Australia; 
  • The Kurdish people in Kurdistan; 
  • The ongoing suffering of Palestinians in Palestine, since 1948; 

All serving as stark reminders of humanity's capacity for inflicting profound injustice and the enduring need for accountability and redress. 

 

The Second World War stands as another stark testament to this capacity for inhumanity, with the systematic persecution and murder of millions between 1933 - 1945, including:

  • An estimated 4.5 to over 10 million Soviet civilians and prisoners of war (many targeted as "Slavs" or communists within the occupied territories where approximately 30 million Russians resided); (33% of the total**)
     
  • Around 1.8 million non-Jewish Polish civilians; (5.6% of the total**)
     
  • Thousands of Black individuals, mostly of German Colonial subjugation (Togo, Cameroon, Namibia, Rwanda, Burundi, and Tanzania), trapped due to travel restrictions in 1914 (similar to those restrictions placed by Ukrainian authorities in 2022 which saw Black students, tourists, and workers subjected to severe racial profiling and discrimination***),  used as servants and apprentices, subjected to radical socioeconomic laws under the terms of being racially inferior, and also those interred in human zoos, medical sterilisation trials, imprisoned in workhouses, prisons, hospitals, psychiatric facilities, and concentration camps, all having their previous German compliant identity papers replaced with 'Fremdenpass' ('Alien ID') and categorised as Ni***rs; (70% of the total**)
     
  • 5,000 to 15,000 homosexual men; (60% of the total**)
     
  • 250,000 to 300,000 disabled people; (100% of the total interred from institutions**)
     
  • 250,000 to 500,000 Roma and Sinti; (50% of the total**)
     
  • Tens of thousands of political opponents and trade unionists; (% Unknown**)
     
  • Around 1,700 Jehovah's Witnesses; (50% of the total**) and, 
     
  • Approximately 4 - 6 million Jews* (42% of the total**)

*Though scholarly research presents a range of estimates due to variations in the interpretation of historical data, the limitations and potential deceptive intent of records and the methodology of their collation vis-à-vis political and ideological biases, and differing definitions of who was classified as Slavic, Black, Homosexual, Disabled, Roma, Sinti, a Political Opponent, a Trade unionist, a Jehovah's Witness, or a Jew.

 

The challenges in accounting for undocumented deaths across occupied territories also contribute to these varying figures. It's crucial to emphasise that even the lowest credible scholarly estimates still represent a catastrophic and unprecedented loss of life. The debate among scholars primarily concerns the precise number within a horrific spectrum, not whether a genocide of multiple ethnic minority or social demographic persons occurred.

 

**Obtaining precise pre-war or Nazi-occupied population figures for every group is incredibly difficult due to fluid borders, displacement, and the Nazis' own inconsistent record-keeping. Therefore, these percentages are estimates based on the most reliable population figures available and should be treated as indicative of the scale of the atrocities.

 

***International Journal of Discrimination and the Law: Volume 22, Issue 3, September 2022, Pages 244-280.

Examples of Crimes Against Humanity

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